Dear members, We have filed a OS No.8664/2012 in the city civil court bangalore for recovery and damages against 1) Our overseas supplier for not performing contactual obligations and supplying sub standard quality of materials 2) Banker of the supplier 3) Our banker ( Not to deliver back the document to supplier without permission of court and 4) asst Commissioner of Custom in whose custody cargo is lying at destination port.
Application to dispence with requirement of section 80 cpc was allowed but interem relief sought for was not granted by the court citing section 80 (2) of the cpc. Interem relief was sought from the court to issue direction to 4 th responcent (Asst commissioner of custom) not to deliver the cargo to either supplier or his agent and/or his shipping agent without the permission the court.
can any one guide me in this regard as to whether in any matter where in absence of compliance of section 80 cpc interem order is issued, if yes kindly provide with citation preferably of supreme court of india or High court of karnata.
